It is intriguing that the Supreme Court is prepared to hear a PIL on two sections of laws on the statute in the Indian Penal Code which have historically absolved women while penalising the men involved in adulterous relationships. Considering that similar pleas had been dismissed thrice from 1954 onwards, it is really unusual that the bench, which includes the chief justice, is prepared to take on the tricky subject of gender discrimination in which men alone can be victimised in becoming liable to criminal prosecution. It is also interesting that the petitioner pointing out this historical baggage the law suffers from should be from outside India. The court may be aware of the fact that regardless of how it may rule finally in such a case, society may not shift from its old habit of blaming the man while forgiving the woman.
To rule on such an unusual plea will be a difficult task the judges will be taking on. Whichever way they rule, it is unlikely the verdict will be universally accepted as the world has been inured to men being blamed for adultery although women are equally capable of playing the seductress. Also, the innocent husbands and wives affected by extramarital affairs are unlikely to press criminal charges. Divorce is a far more common result of such dalliance. And yet what the judges have to say on gender inequality, or absence of neutrality and a bias in favour of women in this exceptional example, will make significant points to ponder. The time has certainly come for women to be the equal of men in every field and progressive societies are known to act the quickest in matters of gender inequality. This is one instance in which the traditional wisdom of judges may be acutely challenged. Finding the balance is going to be awkward.
